Initial Determinations

ALJ Gildea Issues Initial Determination In Certain Digital Set-Top Boxes (337-TA-712)

By Eric Schweibenz
|
May
23
On May 20, 2011, ALJ E. James Gildea issued a notice regarding the Initial Determination on Violation of Section 337 and Recommended Determination on Remedy and Bond (“ID”) in Certain Digital Set-Top Boxes and Components Thereof (Inv. No. 337-TA-712).

By way of background, the Complainants in this investigation are Verizon Communications Inc. and Verizon Services Corp.  The Respondent is Cablevision Systems Corp. (“Cablevision”).

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ALJ Luckern Issues Initial Determination In Certain Biometric Scanning Devices (337-TA-720)

By Eric Schweibenz
|
Jun
21
On June 17, 2011, Chief ALJ Paul J. Luckern issued a notice regarding the Final Initial and Recommended Determinations on Remedy and Bond (“ID”) in Certain Biometric Scanning Devices, Components Thereof, Associated Software, and Products Containing the Same (Inv. No. 337-TA-720).

By way of background, this investigation is based on a May 11, 2010 complaint filed by Cross Match Technologies, Inc. of Palm Beach Gardens, Florida alleging violation of Section 337 by Suprema, Inc. of South Korea and Mentalix, Inc. of Plano, Texas through their infringement of U.S. Patent Nos. 5,900,993 (the ‘993 patent), 6,483,932, 7,203,344 (the ‘344 patent), and 7,277,562 (the ‘562).  See our June 14, 2010 post for more details.

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ALJ Gildea Issues Initial Determination In Certain Electronic Devices With Image Processing Systems (337-TA-724)

By Eric Schweibenz
|
Jul
06
On July 1, 2011, ALJ E. James Gildea issued a notice regarding the Final Initial Determination and Recommended Determination on Remedy and Bond (“ID”) in Certain Electronic Devices with Image Processing Systems, Components Thereof, and Associated Software(Inv. No. 337-TA-724). 

By way of background, the Complainants in this investigation are S3 Graphics Co., Ltd. and S3 Graphics, Inc. (collectively, “S3G”).  The Respondent is Apple Inc. (“Apple”). 

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ALJ Gildea Issues Public Version of Initial Determination In Certain Digital Set-Top Boxes (337-TA-712)

By Eric Schweibenz
|
Jul
08
Further to our May 23, 2011 post, on June 24, 2011, ALJ Gildea issued the public version of the Initial Determination (“ID”) (dated May 20, 2011) in Certain Digital Set-Top Boxes and Components Thereof(Inv. No. 337-TA-712).  Due to the size of the ID, please see part 1 here and part 2 here.

By way of background, the Commission instituted this investigation on April 15, 2010.  The Complainants are Verizon Communications Inc. and Verizon Services Corp. (collectively, “Verizon”) and the Respondent is Cablevision Systems Corp. (“Cablevision”).

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ALJ Luckern Issues Public Version Of Initial Determination In Certain Electronic Devices With Multi-Touch Enabled Touchpads And Touchscreens (337-TA-714)

By Eric Schweibenz
|
Jul
15
Further to our May 2, 2011 post, on July 6, 2011, ALJ Luckern issued the public version of his Final Initial Determination (dated April 29, 2011) (“ID”) in Certain Electronic Devices with Multi-Touch Enabled Touchpads and Touchscreens (Inv. No. 337-TA-714).

By way of background, the Complainant in this investigation is Elan Microelectronics Corporation (“Elan”) and the Respondent is Apple Inc. (“Apple”).   Elan asserted that Apple violated Section 337 by importing into the U.S., selling for importation, or selling within the U.S. after importation certain electronic devices with multi-touch enabled touchpads and touchscreens that infringe U.S. Patent No. 5,825,352 (the ‘352 patent).

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ALJ Charneski Issues Initial Determination In Certain Personal Data and Mobile Communications Devices (337-TA-710)

By Eric Schweibenz
|
Jul
18
On July 15, 2011, ALJ Carl C. Charneski issued a notice regarding the Initial Determination (“ID”) in Certain Personal Data and Mobile Communications Devices and Related Software(Inv. No. 337-TA-710).

By way of background, the Complainants in this investigation are Apple Inc. and NeXT Software, Inc. (collectively “Apple”).  The Respondents are High Tech Computer Corp., HTC America Inc., and Exedia, Inc. (collectively, “HTC”).  The patents-at-issue are: U.S. Patent Nos. 5,481,721 (the ‘721 patent), 6,275,983 (the ‘983 patent), 6,343,263 (the ‘263 patent), and 5,946,647 (the ‘647 patent).  

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ALJ Luckern Issues Initial Determination In Certain Electronic Imaging Devices (337-TA-726)

By Eric Schweibenz
|
Aug
01
On July 27, 2011, Chief ALJ Paul J. Luckern issued a notice regarding the Final Initial and Recommended Determination (ID) in Certain Electronic Imaging Devices (Inv. No. 337-TA-726).

By way of background, the Complainant in this investigation is FlashPoint Technology, Inc. (“Flashpoint”) and the remaining Respondents are HTC Corp. and HTC America, Inc. (collectively, “HTC”).  The patents-in-suit are U.S. Patent Nos. 6,262,769 (the ‘769 patent) and 6,163,816 (the ‘816 patent).

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ALJ Rogers Issues Public Version of Initial Determination in Certain Inkjet Cartridges with Printheads (337-TA-723)

By Eric Schweibenz
|
Aug
12
On August 4, 2011, ALJ Rogers issued the public version of his Initial Determination (“ID”) (dated June 10, 2011) in Certain Inkjet Cartridges with Printheads and Components Thereof(Inv. No. 337-TA-723). 

By way of background, Complainants Hewlett-Packard Company and Hewlett-Packard Development Company, L.P. (collectively, "HP") accused Respondents MicroJet Technology Co., Ltd. (“MicroJet”); Asia Pacific Microsystems, Inc. (“APM”); Mipo Technology Limited; Mipo Science & Technology Co., Ltd.; Mextec d/b/a Mipo America Ltd.; SinoTime Technologies, Inc.; and PTC Holdings Limited (“PTC”) of infringing certain claims of U.S Patent Nos. 6,234,598; 6,309,053; 6,398,347; 6,412,917; 6,481,817; 6,402,279; and 6,412,917.

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ALJ Essex Grants Summary Determination Of Violation And Recommends General Exclusion Order In Certain Inkjet Ink Supplies (337-TA-730)

By Eric Schweibenz
|
Aug
30
On August 26, 2011, ALJ Theodore R. Essex issued the public version of Order No. 14, an Initial Determination (“ID”) (dated August 3, 2011) granting Complainants Hewlett-Packard Company and Hewlett-Packard Development Company’s (collectively, “HP”) motion for summary determination that HP has satisfied the domestic industry requirement and that defaulting Respondents Shanghai Angel Printer Supplies Co., Ltd., Zhuhai National Resources & Jingjie Imaging Products Co., Ltd., Tatrix International, and Ourway Image Co. Ltd. (collectively, the “Defaulting Respondents”) have violated Section 337 in Certain Inkjet Ink Supplies and Components Thereof(Inv. No. 337-TA-730).  The ALJ also recommended that the Commission issue a general exclusion order and a cease and desist order and impose a bond of 100 percent on the Defaulting Respondents.

By way of background, the Commission instituted this investigation on July 26, 2010 based on HP’s complaint of June 25, 2010 and subsequent filings.  See our July 28, 2010 post for more details.  On March 7, 2011, HP filed a motion for summary determination that a domestic industry exists and that the Defaulting Respondents have violated Section 337 in connection with the importation, sale for importation, or sale within the U.S. after importation of certain inkjet ink supplies and components thereof that infringe certain claims of U.S. Patent Nos. 6,959,985 (the ‘985 patent) and 7,104,630 (the ‘630 patent) (collectively, the “asserted patents”).  HP also requested that the Commission issue a general exclusion order.

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ALJ Charneski Issues Public Version of ID In Certain Personal Data and Mobile Communications Devices (337-TA-710)

By Eric Schweibenz
|
Sep
02
Further to our post of July 18, 2011, on August 24, 2011, ALJ Carl C. Charneski issued the public version of his Initial Determination (“ID”) (dated July 15, 2011) in Certain Personal Data and Mobile Communications Devices and Related Software (Inv. No. 337-TA-710).

By way of background, the Complainants in this investigation are Apple Inc. and NeXT Software, Inc. (collectively “Apple”). The Respondents are High Tech Computer Corp., HTC America Inc., and Exedea, Inc. (collectively, “HTC”).  The four patents-at-issue are: U.S. Patent Nos. 5,481,721 (the ‘721 patent), 6,275,983 (the ‘983 patent), 6,343,263 (the ‘263 patent), and 5,946,647 (the ‘647 patent).

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ITC Issues Public Version of ALJ Luckern Final Initial and Recommended Determinations in Certain Electronic Imaging Devices (337-TA-726)

By Eric Schweibenz
|
Sep
30
On September 16, 2011, the International Trade Commission issued the public version of former chief ALJ Paul J. Luckern’s Final Initial and Recommended Determinations ("ID") (dated July 27, 2011) in Certain Electronic Imaging Devices (Inv. No. 337-TA-726). 

By way of background, the Complainant in this investigation is FlashPoint Technology, Inc. (“Flashpoint”) and the remaining Respondents are HTC Corp. and HTC America, Inc. (collectively, “HTC”).  The patents-in-suit are U.S. Patent Nos. 6,262,769 (the ‘769 patent) and 6,163,816 (the ‘816 patent).  According to the ID, ALJ Luckern determined that no violation of Section 337 occurred by HTC.  Specifically, ALJ Luckern determined, inter alia, that (i) Flashpoint failed to show that the asserted claims of the ‘796 and ‘816 patents are infringed, (ii) it has been established that the asserted claims of the ‘816 patent are invalid under 35 U.S.C. § 102(b) (on sale bar), (iii) it was not established that the asserted claims of the ‘769 and ‘816 patents are invalid in view of prior art, (iv) Flashpoint’s rights under the ‘816 and ‘769 patents were not exhausted with respect to HTC’s accused Windows Phone 7 products, and (v) Flashpoint did not establish a domestic industry with respect to either of the ‘769 or ‘816 patents.    

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ALJ Rogers Issues Notice Of Initial Determination In Certain Video Game Systems and Controllers (Inv. No. 337-TA-743)

By Eric Schweibenz
|
Nov
04
On November 2, 2011, ALJ Robert K. Rogers, Jr. issued a notice regarding the Initial Determination on Violation (“ID”) in Certain Video Game Systems and Controllers(Inv. No. 337-TA-743).

By way of background, the Complainant in this matter is Motiva, LLC and the Respondents are Nintendo Co., Ltd. and Nintendo of America Inc. (collectively “Nintendo”). 

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ALJ Rogers Denies Motion for Temporary Relief in Certain Muzzle-Loading Firearms (337-TA-777)

By Eric Schweibenz
|
Nov
15
Further to our August 31, 2011 post, on November 9, 2011, ALJ Robert K. Rogers, Jr. issued the public version of the Initial Determination (“ID”) (dated August 31, 2011) denying a motion by Complainants Thompson/Center Arms Company, Inc. and Smith & Wesson Corp. (the “Complainants”) for temporary relief in Certain Muzzle-Loading Firearms and Components Thereof(Inv. No. 337-TA-777).  

While the investigation involves multiple patents and numerous respondents, Complainants moved for temporary relief only against Respondents Traditional Sporting Goods, Inc., d/b/a Traditions Sporting Firearms and Ardesa, S.A., d/b/a Ardesa Firearms (the “Respondents”) in connection with U.S. Patent No. 7,814,694 (the ‘694 patent).  According to the ID, the ‘694 patent generally relates to a muzzle-loading firearm with a removable breech plug having a sealing element.

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ALJ Essex Issues Initial Determination Finding Violation Of Section 337 In Certain Mobile Devices (337-TA-744)

By Eric Schweibenz
|
Dec
21
On December 20, 2011, ALJ Theodore R. Essex issued a notice regarding the Initial Determination (“ID”) in Certain Mobile Devices, Associated Software, and Components Thereof (Inv. No. 337-TA-744).

By way of background, the Complainant in this investigation is Microsoft Corporation and the Respondent is Motorola Mobility, Inc.

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ALJ Bullock Issues Public Version of Initial Determination In Certain Portable Electronic Devices (337-TA-721)

By Eric Schweibenz
|
Jan
05
On December 21, 2011, Chief ALJ Charles E. Bullock issued the public version of the Initial Determination(“ID”) (dated October 17, 2011) finding no violation of Section 337 in Certain Portable Electronic Devices and Related Software(Inv. No. 337-TA-721).

By way of background, the Complainant in this investigation is HTC Corporation (“HTC”) and the Respondent is Apple Inc. (“Apple”).  In the ID, ALJ Bullock determined that no violation of Section 337 had occurred by Apple in the importation into the U.S., sale for importation, or sale within the U.S. after importation of certain portable electronic devices and related software.  As detailed below, the ALJ found that Apple does not infringe various claims of U.S. Patent Nos. 6,999,800 (the ‘800 patent), 5,541,988 (the ‘988 patent), 6,320,957 (the ‘957 patent), and 7,716,505 (the ‘505 patent).  ALJ Bullock also found that the asserted claims are not invalid.  Lastly, the ALJ found that a domestic industry exists with respect to the ‘988 and ‘957 patents, but not with respect to the ‘800 and ‘505 patents.  Because the domestic industry analyses in the ID are heavily redacted, we have not provided a separate discussion of these issues below.

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ALJ Rogers Issues Notice Of Initial Determination In Certain Liquid Crystal Display Devices (337-TA-741/749)

By Eric Schweibenz
|
Jan
17
On January 12, 2012, ALJ Robert K. Rogers, Jr. issued a notice regarding the Initial Determination on Violation (“ID”) in Certain Liquid Crystal Display Devices, Including Monitors, Televisions, and Modules, and Components Thereof (Inv. No. 337-TA-741/749).

By way of background, the Complainants in this matter are Thomson Licensing SAS and Thomson Licensing LLC and the Respondents are Chimei Innolux Corp., Chi Mei Optoelectronics USA, Inc., Innolux Corp. (collectively, “CMI”); Qisda Corp., Qisda America Corp., Qisda (Suzhou) Co., Ltd. (collectively, “Qisda”); BenQ Corp., BenQ America Corp., BenQ Latin America (collectively, “BenQ”); AU Optronics Corp., AU Optronics Corp. America; Realtek Semiconductor Corp.; and MStar Semiconductor, Inc.  

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ALJ Essex Issues Initial Determination In Certain Mobile Devices (337-TA-750)

By Eric Schweibenz
|
Jan
17
On January 13, 2012, ALJ Theodore R. Essex issued a notice regarding the Initial Determination (“ID”) in Certain Mobile Devices and Related Software Thereof (Inv. No. 337-TA-750).

By way of background, the Complainant in this investigation is Apple, Inc. and the Respondent is Motorola Mobility, Inc.

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ALJ Gildea Issues Initial Determination In Certain Reduced Ignition Proclivity Cigarette Paper Wrappers (337-TA-756)

By Eric Schweibenz
|
Feb
03
On February 1, 2012, ALJ E. James Gildea issued a notice regarding the Final Initial Determination and Recommended Determination on Remedy and Bond (“ID”) in Certain Reduced Ignition Proclivity Cigarette Paper Wrappers and Products Containing Same (Inv. No. 337-TA-756).

By way of background, the Complaint in this investigation is Schweitzer-Mauduit International Inc.  The Respondents are Julius Glatz GmbH, LIPtec GmbH, and KneX Worldwide LLC (collectively, the “Respondents”). 

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ALJ Essex Grants Microsoft’s Motion for Summary Determination of Barnes & Noble’s Patent Misuse Defense in Certain Handheld Electronic Computing Devices (337-TA-769)

By Eric Schweibenz
|
Feb
17
On February 13, 2012, ALJ Theodore R. Essex issued the public version of Order No. 32 (dated January 31, 2012) granting Microsoft’s Motion for Summary Determination, thereby eliminating an affirmative defense of patent misuse raised by Barnes & Noble, Inc. and barnesandnoble.com (collectively, “Barnes & Noble”) in Certain Handheld Electronic Computing Devices, Related Software, And Components Thereof(Inv. No. 337-TA-769).

The investigation relates to allegations of infringement by the Barnes & Noble Nook e-readers, which run the Android operating system.  According the Order, Barnes & Noble alleged that Microsoft was guilty of patent misuse because of Microsoft’s (1) licensing program; (2) alleged unfair licensing terms; (3) agreements with Nokia relating to the Windows mobile operating systems; and (4) purchase of other patents.

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